Jury acquits Upper Darby man accused of luring attempt

MEDIA COURTHOUSE — An Upper Darby man accused of an attmpted abduction of a 6-year-old boy outside of a deli in February was acquitted of charges of luring a child and false imprisonment.

Christopher Tucker, 29, of the 100 block of North 60th Street, testified Wednesday that he was moments from calling the police when there was banging on his car window.

“As I was reaching for my cellphone, I heard banging on my passenger window and then I heard yelling,” said Tucker, who was allegedly on his way home to his fiancee when he found the boy alone in the Korner Deli in the 7100 block of West Chester Pike at about 7:30 p.m. on Feb. 5.

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Tucker said the boy asked him to buy him some cookies, which Tucker said he did. The two left the store together and stood outside for a few minutes, but Tucker said no other adults were present so he opened his car door and the boy got in the passenger side.

Tucker told defense attorney Mark Much that he never persuaded the child with the promise of more treats inside the car and never locked the doors or told the boy he was not allowed to leave.

According to Tucker, they had been sitting in the car for a minute and he had just pulled his phone from his pocket when the girlfriend of the child’s father began banging on the window, then opened the door and pulled the boy from the car. Tucker said he also exited the car and began speaking to the father when he was suddenly assaulted.

The boy told Assistant District Attorney Alan Borowsky Tuesday that he had gone to the store for a hamburger when he encountered Tucker. The 6-year-old said Tucker bought him cookies and candy, then took him out to his car and put him in the passenger seat, where they sat for about three minutes before his father’s girlfriend discovered him in the car and began pounding on the window.

The girlfriend had testified that the door was locked and that the boy was crying inside the car. After getting the door open, she said Tucker exited the car and began to fight with the boy’s father.

The girlfriend said the car remained stationary, though the boy had testified it moved backward and then forward slightly. Another witness on the street also said he saw the car move.

The child said he had pointed out his home just two doors down from the deli before getting in Tucker’s car, but Tucker said that never happened and the child was unable to tell him where he lived.

The father also testified that he had gone to the deli looking for his son after he realized he had been gone too long. A clerk working there allegedly said the boy left with another man who he believed to be the boy’s uncle. The clerk testified that Tucker did not tell him he was related to the child, however.

The father said he was inside the store when his girlfriend began yelling that the boy was inside a car parked out front. After going to the driver’s side of the vehicle, he said Tucker exited the car and immediately adopted a fighting stance.

Officer Robert Wheatley, responding to a call for a fight, said he found Tucker on the ground with the father guarding him. Tucker had sustained some blows and appeared intoxicated, said Wheatley, who helped the defendant to his feet. Tucker claimed he was simply punch drunk.

The defendant said he was concerned for the child being out alone at night in an area where he had been offered drugs on multiple occasions and was trying to help him.

Borowsky pointed out that the child was not distressed or in need of immediate recue. Tucker could have simply called police from inside the store or take the boy to the Upper Darby Police Station almost directly across the street, he added.

About the Author

Alex Rose covers court proceedings for the Daily Times. He also writes a weekly science column. Reach the author at arose@delcotimes.com
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